LEE HIANG LEE TENGKU REZA SHAH BINI TENGKU CHAIDZIR SHAH

LEE HIANG LEE TENGKU REZA SHAH BINI TENGKU CHAIDZIR SHAH

On the documents exhibited (company resolution, loan agreement, Form 32A and trust deed) the Statement of Claim discloses a prima facie cause of action based on a RM2,000,000 loan and an equitable interest in 1,519,864 shares; disputed issues of payment, signature, authority and detailed defences including limitation raise matters for trial and cannot be resolved on a strike‑out application; s.22(1) Limitation Act protects beneficiary actions in respect of trust property, so the limitation defence does not defeat the claim at this stage.

Citation
JA-24NCvC-193-03/2021 (Mahkamah Tinggi)
Parties
PLAINTIF: LEE HIANG LEE; DEFENDAN: TENGKU REZA SHAH BIN TENGKU CHAIDZIR SHAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 September 2021
Case Number
JA-24NCvC-193-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Trust and Company Dispute (saman Pemula) / Application to Strike Out Under Order 18 Rule 19 Kaedah Kaedah Mahkamah 2012 (lampiran 6)
Outcome
Defendant's application in Lampiran 6 to strike out the Saman Pemula is dismissed.
Legal Topics
Breach of Trust, Trustee Replacement, Validity of Loan Agreement (consideration/signature), Statute of Limitations (trust Exception), Summary Dismissal/strike Out
Source Language
Malay/English
Trusts Law Company Law Limitation Law Civil Procedure Injunctions Breach of Trust Trustee Replacement Validity of Loan Agreement (consideration/signature) +2 more

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Parties

LEE HIANG LEE

PLAINTIF

TENGKU REZA SHAH BIN TENGKU CHAIDZIR SHAH

DEFENDAN

Procedural Posture

Civil Trust and Company Dispute (saman Pemula) / Application to Strike Out Under Order 18 Rule 19 Kaedah Kaedah Mahkamah 2012 (lampiran 6)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the ‘friendly loan’ agreement is void for want of consideration or signature
  3. 3 Whether the claim is time-barred under the Limitation Act

Ratio Decidendi

On the documents exhibited (company resolution, loan agreement, Form 32A and trust deed) the Statement of Claim discloses a prima facie cause of action based on a RM2,000,000 loan and an equitable interest in 1,519,864 shares; disputed issues of payment, signature, authority and detailed defences including limitation raise matters for trial and cannot be resolved on a strike‑out application; s.22(1) Limitation Act protects beneficiary actions in respect of trust property, so the limitation defence does not defeat the claim at this stage.

Court Disposition

Defendant's application in Lampiran 6 to strike out the Saman Pemula is dismissed.

Orders

  • Application under Lampiran 6 to strike out the Saman Pemula dismissed with costs.